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Buying
Process
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After
the sale and purchase conditions are agreed upon you
and/or your Agent are advised to ask for a copy of the
TAPU (Title Deeds) and double check whether:
1-The TAPU really belongs to the property
2-It is a residential property in a zone covered by an
Implementary Development Plan or a Local Development
Plan
3-The property really belongs to the person who
introduced himself to you as the "owner"
4-No annotation prohibiting the sale/purchase of the
property appears on the TAPU
5-The property complies with all regulations
6-All licenses and official permits for the property
had been properly obtained
7-The current owner does not owe taxes anything to the
Tax Office
8-The current owner owes no over-due debts to the
utility companies
Contracts are not compulsory according to current
regulations and mutual declaration of both the buyer
and seller to the TAPU (Title Deeds) Registry Office
is enough to carry out the transfer of ownership, a
contract will allow you to protect yourself. If you
are using a real estate agent and/or solicitor ensure
the contract refers to them and that they also sign
the contract. Your contract should include the
following:
1-A detailed description of the property (address,
TAPU details, technical conditions etc)
2-The actual price to be paid to the seller for the
property
3-The seller's bank account details for payment
4-The agent and/or solicitors bank account details for
payment
5-The payment terms and conditions to the seller
including deposit, interim and final payments
6-A Statement requiring the seller and the buyer to
pay their own tax liabilities
7-The fees and commissions to be paid to the solicitor
or agent
8-Under what conditions and how the money paid by the
buyer will be refunded by the seller
9-Whether parties can give up the sale/purchase, if
so, under what conditions this can happen
10-The rights and responsibilities of the persons
whose signatures appear on the contract
11-ID numbers of Turkish nationals (TC Kimlik No) who
are to sign the contract, the Barr registry number of
the solicitor being used and the trade registry number
of the real estate company
Before signing the contract have it translated into
English. Relying on only an oral-translation may lead
to unwanted situations in the future. Sign the
contract in the presence of a notary public and then
have them notarized. This will ensure that:
1-The people signed the contract and their signatures
are genuine
2-The contract is in line with Turkish laws and
officially acceptable anywhere in Turkey
3-The terms within the contract are binding for all
parties
The next step for both buyer and owner or their
legally authorized agents is to apply to the TAPU
Office for transferring of ownership. During the
application the buyer or their agent are to provide
the local TAPU Office with the following documents:
Buyer
1-Title Deed or a document indicating the property's
exact location (plot or parcel number etc.)
2-2 recent passport photos of the buyer
3-Passport and/or ID Card of the buyer
Agent
1-An acceptable Power of Attorney
2-2 recent passport photos of the agent
3-Passport and/or ID Card of the agent
Upon your application the local TAPU office will do a
search on behalf of whether the property is in a
forbidden zone or not. After military clearance has
been finished you are given an official ownership
document called the Title Deeds (TAPU). Without having
a TAPU you are never considered to legally own the
property even if you signed a legally acceptable
purchase contract with seller.
This is to provide basic information about the
purchasing process in Turkey.
The information in this post is of a general nature
and does not constitute legal advice, Text provided by
Turkishhomes4sale.
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